New Jersey Assault Attorney

An assault conviction can carry serious short-term and long-term consequences in New Jersey. Immediate penalties might include steep fines, prison time, and probation. Other consequences can follow you for the rest of your life, preventing you from securing employment and finding housing.

If you were arrested on assault charges, it is crucial to connect with an experienced New Jersey assault defense lawyer at William Proetta Criminal Law as soon as possible. Our team have decades of experience successfuly dismissing and downgrading assault charges. Founding partner William A. Proetta is also one of the top lawyers in the state – he has won multiple professional awards including Top 40 Under 40 National Trial Lawyers and a perfect rating on Avvo.

Our team also has a former state Deputy Attorney General in partner William Fay. His previous experience in prosecuting helps us understand the law and successfullly defend our clients.

We will put our knowledge and resources to work for you while giving you the type of highly personalized service that you deserve.

Contact us today to discuss your situation in a free initial consultation. Our attorneys have successfully represented people facing assault charges in Ocean, Hudson, Middlesex, and Union counties and across New Jersey.

What is Assault Law in New Jersey?

New Jersey assault law is defined under statute N.J.S.A. 2C:12-1, which categorizes the crime into two primary types: Simple Assault and Aggravated Assault. The specific charge and associated penalties depend on factors such as the severity of the injury, the use of a weapon, the mental state of the offender, and the status of the victim.

The penalties for simple assault are less severe than aggravated assaults. They are discussed in detail below.

What Is the Difference Between Assault and Battery in N.J.?

In New Jersey, assault and battery are both considered a type of assault under criminal law and will be charged as such. Battery is not a specific criminal offense in New Jersey. Therefore, in criminal cases, there are technically no “assault and battery” charges, but instead, different degrees of assault.

Potential Penalties for Assault Convictions in New Jersey

The penalties for an assault conviction in New Jersey can be quite severe. New Jersey’s range of penalties for various assault crimes includes:

Petty disorderly persons offense

Up to 30 days in jail and a possible fine of up to $500

Disorderly persons offense

Up to six months in jail and a possible fine of up to $1,000

Fourth-degree crime

Up to 18 months in prison and a possible fine of up to $10,000

Third-degree crime

Three to five years’ imprisonment and a possible fine of up to $15,000

Second-degree crime

Five to 10 years in prison and a possible fine of up to $150,000

First-degree crime

Up to 20 years in prison, plus a maximum possible fine of $200,000

Even penalties for simple assault in New Jersey can disrupt your life, rob you of your livelihood, and follow you around for years to come. That’s why it is crucial to consult with an assault defense attorney at William Proetta Criminal Law as soon as possible to begin fighting the charges against you.

The New Jersey No Release Act

A very relevant law here is NERA. The New Jersey No Early Release Act (NERA), codified at N.J.S.A. 2C:43-7.2, is a law that requires individuals convicted of certain violent first and second-degree crimes to serve a minimum of 85% of their prison sentence before they can be considered for parole.

Key aspects of NERA include:

Violent Crimes: The act applies to specific violent crimes where the offender caused death, serious bodily injury, or used or threatened the use of a deadly weapon. Examples of crimes often subject to NERA include murder, aggravated assault, robbery, kidnapping, and sexual assault.
Parole Ineligibility: The law mandates a fixed period of parole ineligibility equal to 85% of the imposed sentence. This is a “mandatory minimum” that cannot be waived.
Parole Supervision: After serving the 85% of their sentence and being released, a convicted individual is also subject to a period of parole supervision. This supervision period is five years for first-degree crimes and three years for second-degree crimes.

NERA was enacted in 1997 to address concerns from crime victims about offenders being released on parole long before the completion of their full sentence. It is a form of “truth in sentencing” legislation intended to ensure violent offenders serve a significant portion of their court-ordered time.

This is why it is even more important to immediately contact an assault defense lawyer as soon as possible if you’re charged.

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Why You Need a New Jersey Assault Defense Attorney on Your Side

If you have been charged with assault in New Jersey, the last thing you should do is attempt to represent yourself or try to negotiate with a prosecutor on your own. Some people worry about the cost of hiring an attorney. But the cost of not hiring an attorney and the penalties you may face as a result could be much higher.

To give yourself the best possible chance of obtaining a positive outcome, you will need the help of a seasoned assault defense lawyer. Our attorneys at William Proetta Criminal Law have the skills and resources to:

Identify the prosecutor and judge assigned to your case and discuss the potential outcomes you can expect

Thoroughly review the details of your case, including the police investigation, to determine if your constitutional rights were violated

Seize every opportunity to poke holes in the prosecution’s case against you

Develop a solid defense aimed at getting the charges reduced or dropped altogether

Represent you in court and fiercely fight for your rights

Negotiate a plea bargain if doing so is your best option

We take pride in providing highly personalized attention that focuses on your unique circumstances and goals. Contact us today to learn how a tailored defense strategy can make a difference for you.

Understanding Potential Defenses in Assault Cases

Some of the most common defenses used in assault cases in New Jersey include:

Self-defense, if you injured someone while trying to protect yourself from harm
Defending property, if you injured another while they were committing a property crime, such as burglary
Defending others, if you caused injury while trying to protect someone else from assault
Consent, if the victim voluntarily consented to a scuffle or another act
Alibi, if you can demonstrate that you were in a different location when the assault took place
Mistaken identity, if you can show that the perpetrator or police identified the wrong person
Duress, if you were forced to engage in violent conduct that would otherwise be considered a crime
Misconduct by law enforcement, if police officers engaged in an illegal search or seizure or made an illegal arrest
Unreliable evidence or testimony, if prosecutors base their case on evidence or witness testimony that is fabricated or faulty

If you have been charged with assault in New Jersey, our seasoned criminal defense attorneys can help you strategize and build a compelling defense in your favor. Contact us today to discuss your legal options.

What is The Statute of Limitations in New Jersey Assault Cases?

The statute of limitations in New Jersey for simple assault is one year. The statute of limitations is a law that sets a maximum time period for the government to file criminal charges after an alleged crime has occurred. If a prosecutor fails to file charges within the specified time limit, the case can be dismissed.

As an indictable crime, aggravated assault is subject to a longer statute of limitations. The standard time limit is five years from the date of the alleged offense.

It is important to note that these deadlines can be “tolled,” or suspended, under certain circumstances, such as if the defendant flees the state to avoid prosecution. Additionally, some very serious crimes, like murder and sexual assault, have no statute of limitations at all in New Jersey.

Can an Assault Charge be Expunged?

Yes, in New Jersey, it is possible to have an assault charge expunged, but the eligibility and process depend on the specific circumstances of the case, including the type of assault and the outcome of the charge.

A conviction for simple assault, which is a disorderly persons offense, can typically be expunged. Typically, a waiting period of five years from the completion of your sentence (including probation, parole, and payment of all fines) is generally required. An “early pathway” expungement may be possible after three years if the court finds it is in the public interest.

A person can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses.

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Types of Assault Charges Our Firm Can Help With

Our seasoned criminal defense law firm has helped people charged with a wide range of assault crimes, including:

Simple Assault

The crime of simple assault in New Jersey is defined as:

Attempting to cause or intentionally, purposefully, or recklessly causing bodily harm
Causing bodily harm with a deadly weapon
Causing someone to fear that they will be harmed through physical menace

In New Jersey, simple assault is a disorderly persons offense. However, it can be charged as a petty disorderly persons offense if the assault occurred in a fight that both parties mutually consented to entering.

Aggravated Assault

Aggravated assault is a more serious charge than simple assault. There are numerous acts that could be charged as aggravated assault in New Jersey. Some of the most common types of aggravated assault include:

Intentionally or recklessly causing (or attempting to cause) severe bodily harm to another person
Intentionally or knowingly causing bodily harm to another person using a deadly weapon
Recklessly causing serious bodily harm to another person using a deadly weapon
Recklessly pointing a firearm directly at or in the general direction of another person, whether or not the perpetrator believes the firearm is loaded
Committing a simple assault against specific types of individuals such as law enforcement officers, first responders, medics, judges, healthcare workers, utility company employees, school officials or teachers, or other government employees

Aggravated assault is distinct from simple assault in numerous ways. Some frequent examples of aggravated assault include:

A physical confrontation that causes severe bodily harm to the victim
Displaying a complete disregard for human life
Harming a member of law enforcement when resisting arrest
Committing assault while committing other crimes such as rape or burglary
Using a deadly weapon such as a gun in an assault

Unlike simple assault, which is categorized as a disorderly persons offense, aggravated assault is charged as an indictable crime, meaning the potential penalties are far more serious.

Sexual Assault

In New Jersey, sexual assault occurs when a perpetrator uses physical force or coercion to sexually penetrate a victim. Common types of sexual assault in New Jersey include:

Statutory rape
Fourth-degree criminal sexual contact
Third-degree aggravated criminal sexual contact
Second-degree sexual assault
First-degree aggravated sexual assault

First-degree aggravated sexual assault is the most serious of all sexual assault-related crimes in New Jersey. First-degree aggravated sexual assault can include sexual penetration of:

A minor under age 13
A minor age 13 to 16 who is in a familial relationship with the accused person (for instance, a parent or guardian of the victim or someone who supervised the victim)

First-degree sexual assault can also be charged if the prosecution claims that the sexual assault occurred:

At the same time as another crime such as murder or theft
Where a deadly weapon was used to threaten the victim
With the help of another person or multiple people
And the victim suffered serious physical injuries
And involved a physically or mentally incapacitated person such as a person who is passed out after consuming alcohol

Most people convicted of sexual assault are required to register as a sex offender on the New Jersey Sex Offender Registry for life. As a result, a person’s ability to live in a certain area may be restricted.

Domestic Assault

If the assault occurs a person covered under the New Jersey Prevention of Domestic Violence Act, the act becomes a domestic violence assault and can result in a restraining order alongside the normal assault charges.

Assault on an Officer

Police officers (and first responders, among others) are in a protected category of individuals. If a person commits a simple assault against a police officer in the course of their duties, the charge will most likely be upgraded to aggravated assault. Aggravated assault against an officer is an indictable offense (akin to a felony).

Although assault on an officer may involve severe bodily injury, it doesn’t necessarily have to for the crime to be considered an indictable offense. In addition, even if the perpetrator did not intend to cause the officer serious harm, they could still be charged with aggravated assault if they seriously injured an officer through negligence or recklessness.

Assault with an Auto

If a person caused injury to someone else by operating their vehicle in a reckless manner, they could face the criminal charge of assault by auto. Recklessness involves actions that display extreme indifference toward the well-being of others. Reckless actions may include speeding and drunk driving, for example. Assault by auto may be charged as a disorderly persons offense if the driver’s recklessness results in bodily injury or as an indictable offense if the driver causes serious bodily injury.

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When my need first arose for an attorney, I sought out reviews online for who could best help me with my situation. After doing some research and reaching out to Will's law offices, it was clear that he was a class act. From start to finish he was able to answer all my questions, handled the entire situation with confidence and poise, and even went out of his way to help reassure me and make me feel better when I was very clearly nervous and concerned. Will went back and forth with the prosecutor of my case on several occasions in an attempt to create a more favorable outcome for me without going through a hearing. In the end, the hearing had to happen anyway, and when it did, Will delivered. He was able to have crucial evidence suppressed, in the end, securing me the best possible outcome. In short, Will truly cares for the people who hire him, he has unparalleled knowledge, and he delivers results when it matters the most. Client

Excellent!
Will was extremely comforting from the start and prompt. He was helpful through the whole process and was able to get an excellent result! Joe

Professional Counsel
Mr. Proetta was extremely professional as well as knowledgeable regarding the statutes which were relevant to my proceeding. He was effective in securing a dismissal. Joseph

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There are no words to describe what William Proetta did for me. Although I had prior convictions, William Proetta got my most recent case dismissed. He is undoubtedly the best Attorney for hire. Tom

Get a Trusted New Jersey Assault Lawyer on Your Side Today

Were you charged with assault in New Jersey? If so, we can help. Contact an assault defense attorney at William Proetta Criminal Law today for a free consultation. Our experienced team will walk you through every step in the legal system, safeguard your rights, and present an effective defense on your behalf. Call or reach us online now to get started.